http://ps2.ign.com/articles/532/532286p1.html


British Deem PS2 Mods Illegal
Sony Computer Entertainment Europe wins pivotal court case; future doesn't look bright for modders.

July 21, 2004 -


A judge of the British High Court, Mr Justice Laddie, recently ruled that mod chips used to augment the capabilities of PlayStation 2 are illegal. The ruling came after a case was brought against one David Ball by Sony Computer Entertainment Europe. Sony claimed Mr. Ball illegally sold over fifteen hundred "Messiah 2" mod chips to British consumers. This particular chip, among other things, allows any system to play pirated titles and region encoded titles.




Justice Laddie ruled that Ball was in violation of the law, as set by the European Union Copyright Directive, and further found that the sale, advertising, use, or possession of such mods chips for commercial purposes was also illegal.



The ramifications of this ruling could affect Xbox modders, gamers with an import affinity, and anyone who just likes to crack open the box and play with things (assuming they want to sell what they play with at a later date). While it's unclear how vehemently Sony will pursue other such legal actions globally, SCEE remains adamant that Europe will be mod free.



More news as it happens.
-- Ivan Sulic (ps2_mail@ign.com?subject=Mod)

Ok, I'll start out by saying that I'm completely against this load of hockey. As an Xbox modder myself, I like to have the freedom to do with my possessions as I choose. I can upgrade/mod my guitar, my computer, or just about anything else I own without fear of legal retribution. To me, anything you own is yours to tinker with.

i think what they're talking about as being illegal is the fact that the guy was selling this mod chips for a profit.

that is a no-no.
im sure there is really now problem with modding stuff that you already own.

it's when you change things created by other people, and then start trying to sell it that it becomes illegal.

so... all you modders out there..... im pretty sure you can keep doing your thing, just dont start trying to sell it. :D

There's nothing wrong with modding...not that I've ever done it, or really known people who have (maybe one guy...not sure)..but yeah, it upgrades your system and all (depending...moreso in the Xbox's case)..I'm sure selling the chips can be illegal but people are still going to do it regardless.

And I'm against it too :p

But what is wrong with selling mod chips in the first place? I buy new pickups to put in my guitar or a new graphics card for my pc. These were pre-made modifications. The only thing a mod chip does is add a new system BIOS. In the case of an Xbox, you can then put a new OS onto a CD, like EvolutionX, then FTP the OS from your PC to the Xbox harddrive. Then, through other third party apps, you can use your Xbox for anything. I reformatted an 80GB harddrive and put it in. My Xbox has a media player (actually way better than windows media player), a region-free dvd player, several console emulators, and an app that rips games to the hdd. I'm able to stream media from my computer to my xbox downstairs and watch on our TV. The point is that playing bootleg copies of games is not necessarily the reason for modding a system. However, using this capability to read burned CDs is also great for those who want a backup copy of their games. Making them illegal because of this is like making CD burners or VCRs illegal; it's possible to use them for illegal purposes but the object itself shouldn't be illegal.

P.S. The ruling was that modchips themselves are now illegal. Not just the selling of them.:mad: *is VERY mad... and glad to be an American:)

aye, but when you buy these new pickups, arent they made by licensed manufacturers?


in the case of these mod chips, they are being made by random joe shmoes, which is where the illegality comes in

Yep- if the product is liscenced, it shouldnt be illegal. But people making things and selling them and it mods a patented and already existing machine- that is illegal. Like burning music to a CD and selling it off. Kazaa Lite K++ is illegal, to Kazaa, anyway. Because its so modified, it doesnt have adware or spyware (which is what keeps regular Kazaa free)- which makes it against Kazaa's ToS. So yeah, unless these mod chips or w/e are liscenced for use- they are probably illegal- and rightfully so.

So...
But what is wrong with selling mod chips in the first place?
Because, I would bet most mod chips were made by regular people who make mod chips that change the way an already liscenced and copyrighted product (XBox, in this instance, owned by Microsoft) works.

But what is wrong with selling mod chips in the first place? I buy new pickups to put in my guitar or a new graphics card for my pc. These were pre-made modifications. The only thing a mod chip does is add a new system BIOS. In the case of an Xbox, you can then put a new OS onto a CD, like EvolutionX, then FTP the OS from your PC to the Xbox harddrive. Then, through other third party apps, you can use your Xbox for anything. I reformatted an 80GB harddrive and put it in. My Xbox has a media player (actually way better than windows media player), a region-free dvd player, several console emulators, and an app that rips games to the hdd. I'm able to stream media from my computer to my xbox downstairs and watch on our TV. The point is that playing bootleg copies of games is not necessarily the reason for modding a system. However, using this capability to read burned CDs is also great for those who want a backup copy of their games. Making them illegal because of this is like making CD burners or VCRs illegal; it's possible to use them for illegal purposes but the object itself shouldn't be illegal.

P.S. The ruling was that modchips themselves are now illegal. Not just the selling of them.:mad: *is VERY mad... and glad to be an American:)

I have a plain boring Xbox.

Wanna trade? :D

But what is wrong with selling mod chips in the first place? I buy new pickups to put in my guitar or a new graphics card for my pc. These were pre-made modifications. The only thing a mod chip does is add a new system BIOS. In the case of an Xbox, you can then put a new OS onto a CD, like EvolutionX, then FTP the OS from your PC to the Xbox harddrive. Then, through other third party apps, you can use your Xbox for anything. I reformatted an 80GB harddrive and put it in. My Xbox has a media player (actually way better than windows media player), a region-free dvd player, several console emulators, and an app that rips games to the hdd. I'm able to stream media from my computer to my xbox downstairs and watch on our TV. The point is that playing bootleg copies of games is not necessarily the reason for modding a system. However, using this capability to read burned CDs is also great for those who want a backup copy of their games. Making them illegal because of this is like making CD burners or VCRs illegal; it's possible to use them for illegal purposes but the object itself shouldn't be illegal.

P.S. The ruling was that modchips themselves are now illegal. Not just the selling of them.:mad: *is VERY mad... and glad to be an American:)

Well if the Mod Chips did not allow people to play pirated copies of games, it would not be a problem. I am pretty sure M$ is not losing any money over the other modifications you made to your system.

But no matter what you say, Mod Chips for the most part equal piracy.

And not to mention I would bet that a large number of Mod Chip buyers use the chips solely for Piracy, and nothing else.

Well if the Mod Chips did not allow people to play pirated copies of games, it would not be a problem. I am pretty sure M$ is not losing any money over the other modifications you made to your system.

But no matter what you say, Mod Chips for the most part equal piracy.

And not to mention I would bet that a large number of Mod Chip buyers use the chips solely for Piracy, and nothing else.Exactly, first question you should be asking yourself is what does Sony or Microsoft lose from allowing such a thing?

First off, lets talk about memory cards, which are hella expensive to buy for Sony, and are even more expensive for Xbox (yet are rarely needed). Without modding your Xbox system, you can use a lot of extras that may not be available yet for microsoft, which is another drawback for the company. I don't know a single person who owns an Xbox Joystick, keyboard, or whatever, which is probably due to the fact that everyone I know happens to have a modded system.

The thing you need to realize here, is that Microsoft does not actually make any money off there systems. They have dropped so much in the last year, they are pratically losing money at this point. Therefore, the only way the companies can keep up, is by retailers pushing the accessories. DVD playbacks are grossly expensive for a reason. They are also unnecessary if your Xbox is modded. Same with controllers that run for around $35 canadian, but again are useless with a modded system.

This is not even hitting the tip of the iceberg here, as games are even more of an issue.

aye, but when you buy these new pickups, arent they made by licensed manufacturers?


in the case of these mod chips, they are being made by random joe shmoes, which is where the illegality comes inSo it's illegal to wind my own pickups?
Well if the Mod Chips did not allow people to play pirated copies of games, it would not be a problem. I am pretty sure M$ is not losing any money over the other modifications you made to your system.

But no matter what you say, Mod Chips for the most part equal piracy.

And not to mention I would bet that a large number of Mod Chip buyers use the chips solely for Piracy, and nothing else.
Perhaps most people do buy mod chips for the piracy possiblities, maybe not. I didn't. I have mine to transform my Xbox into a media pc via various home-brew software. The things modders are doing on the scene is really an amazing thing. Also, people are modding games as well. Halo's flamethrower and gravity gun have been unlocked, Dead or Alive 3 has tons of new skins you can add, and these are only the beginning. But it's the same way with DVD/CD burners and was the same way when VCRS began to first appear. The reason these companies are able to successfully crack down on modchips is because they aren't nearly as popular as the aforementioned products.
Exactly, first question you should be asking yourself is what does Sony or Microsoft lose from allowing such a thing?

First off, lets talk about memory cards, which are hella expensive to buy for Sony, and are even more expensive for Xbox (yet are rarely needed). Without modding your Xbox system, you can use a lot of extras that may not be available yet for microsoft, which is another drawback for the company. I don't know a single person who owns an Xbox Joystick, keyboard, or whatever, which is probably due to the fact that everyone I know happens to have a modded system.

The thing you need to realize here, is that Microsoft does not actually make any money off there systems. They have dropped so much in the last year, they are pratically losing money at this point. Therefore, the only way the companies can keep up, is by retailers pushing the accessories. DVD playbacks are grossly expensive for a reason. They are also unnecessary if your Xbox is modded. Same with controllers that run for around $35 canadian, but again are useless with a modded system.

This is not even hitting the tip of the iceberg here, as games are even more of an issue.
I'm not seeing how owning a joystick or keyboard (I wasn't aware keyboards existed for Xbox) has to do with having a mod chip. You can use non-xbox peripherals without a mod chip easily. Those controller ports are simply usb jacks. I do own a dvd dongle + remote (a complete waste of money). In my opinion, the whole separate dvd thing was a shameless ripoff by M$. The Xbox already had the capability built in prior to buying the package. As for M$ losing money; perhaps. Remember that the production cost of an Xbox is no longer what it was at its release time. Technology has increased. Just look at ATI's latest graphics chip:D . Let's also not forget that pirated games are unplayable on Xbox live because you must deactivate the chip to log on. Controllers aren't useless with a modded system. In fact, the xbox is capable of doing everything it could prior to its modding. The EvolutionX OS even allows you to go back to the old, green msdashoard.xbe:) .

P.S. I understand WHY these companies are going after this technology, but I don't think they should legally have the right to do so.

So it's illegal to wind my own pickups?

To provide a better example: should it be illegal to fabricate or have a friend fabricate car parts to make your car go faster?

P.S. I understand WHY these companies are going after this technology, but I don't think they should legally have the right to do so.

Why not? It's their product.

I agree that you should be able to do whatever the hell you want to something you own, as long as you don't copy for distribution or sell to others.

Who cares why they're not selling mod upgrades? Yeah, it may suck, but if they don't want to sell stuff like that, they don't have to. Even if they are losing money, it's their product. It doesn't make it right for people to pirate it.

Why not? It's their product.

I agree that you should be able to do whatever the hell you want to something you own, as long as you don't copy for distribution or sell to others.

Who cares why they're not selling mod upgrades? Yeah, it may suck, but if they don't want to sell stuff like that, they don't have to. Even if they are losing money, it's their product. It doesn't make it right for people to pirate it.I know it's their product. However, it becomes MY property when i shell out 300 smackers for it. Mod chips are independently created bios for an Xbox; plain and simple. They, in themselves, are NOT piracy. In an Australian court last year, a judge found a certain PS2 mod chip to be legal due to its DVD capabilities. This was seen as a legal use of the chip; meaning it had a use other than playing game backups. This justified it as a legimate product. With an Xbox, modding can have hundreds of other benefits. However, individuals are the ones modding the systems on their own. Mod chips are just a tool to accomplish this software modding. I had to solder the thing into the board myself (dang near nuked the motherboard), I had to install the bios myself, and then the only thing that accomplished was the xbox being able to read a CD-R. I then had to install the OS etc. This is all user-initiated stuff here.

--
If you want any other info on how Micro$oft and Sony are taking away consumer's software freedoms, just do some reading on Pallidium:mad: . Oh, and their comment on how Linux users would have to be "made" to incorporate it in their systems.